By Dutton                                             H.B. No. 1135
       74R4997 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the recording of the operations of a grand jury.
    1-4        SECTION 1.  Chapter 20, Code of Criminal Procedure, is
    1-5  amended by adding Article 20.011 to read as follows:
    1-6        Art. 20.011.  RECORDING OF PROCEEDINGS.  (a)  All proceedings
    1-7  before a grand jury other than the deliberations of the grand jury
    1-8  shall be recorded by a bailiff using an electronic device capable
    1-9  of recording sound.
   1-10        (b)  The validity of a grand jury proceeding is not affected
   1-11  by an unintentional failure to record all or part of questions
   1-12  propounded or testimony made under Subsection (a).
   1-13        (c)  The clerk of the court in which the case is pending
   1-14  shall maintain possession of all records made under this article
   1-15  and any typewritten transcription of those records, except as
   1-16  provided by Article 20.02.
   1-17        SECTION 2.  Article 20.02, Code of Criminal Procedure, is
   1-18  amended to read as follows:
   1-19        Art. 20.02.  PROCEEDINGS <DELIBERATIONS> SECRET.  (a)  The
   1-20  proceedings <deliberations> of the grand jury shall be secret.
   1-21        (b)  Except as provided by Subsections (c) and (d), the
   1-22  attorney representing the state, a <Any> grand juror, a <or>
   1-23  bailiff, or a person preparing a typewritten transcription of an
   1-24  electronic recording who discloses <divulges> anything transpiring
    2-1  before the grand jury, regardless of whether the thing transpiring
    2-2  is recorded, <them> in the course of the <their> official duties of
    2-3  the grand jury shall be liable to a fine as for contempt of the
    2-4  court, not exceeding five hundred dollars, and to imprisonment not
    2-5  exceeding thirty days.
    2-6        (c)  A record made under Article 20.011, a typewritten
    2-7  transcription of that record, or a disclosure otherwise prohibited
    2-8  by Subsection (b) or Article 20.16 may be made to the attorney
    2-9  representing the state for use by the attorney in performing the
   2-10  attorney's duties or to another grand jury or law enforcement
   2-11  agency of the state or political subdivision of the state, as
   2-12  permitted by the attorney representing the state and determined by
   2-13  the attorney as necessary to assist the attorney in the performance
   2-14  of the attorney's duties.  The attorney representing the state
   2-15  shall warn any person the attorney authorizes to receive
   2-16  information under this subsection of the person's duty to maintain
   2-17  the secrecy of the information. Any person who receives information
   2-18  under this subsection and discloses the information for purposes
   2-19  other than those permitted by this subsection is subject to
   2-20  punishment for contempt in the same manner as persons who violate
   2-21  Subsection (b).
   2-22        (d)  The defendant may petition a court to order the
   2-23  disclosure of information otherwise made secret by this article or
   2-24  the disclosure of a recording or typewritten transcription under
   2-25  Article 20.011 as a matter preliminary to or in connection with a
   2-26  judicial proceeding.  The court may order disclosure of the
   2-27  information, recording, or transcription on a showing by the
    3-1  defendant of a particularized need.
    3-2        (e)  A petition for disclosure under Subsection (d) must be
    3-3  filed in the district court in which the case is pending. The
    3-4  defendant must also file a copy of the petition with the attorney
    3-5  representing the state.  The court shall provide the attorney
    3-6  representing the state  with an opportunity to appear and present
    3-7  arguments for the continuation of or end to the requirement of
    3-8  secrecy.
    3-9        (f)  A person who receives information under Subsection (d)
   3-10  or (e) and discloses that information is subject to punishment for
   3-11  contempt in the same manner as a person who violates Subsection
   3-12  (b).
   3-13        SECTION 3.  (a)  The changes in law made by this Act apply
   3-14  only to grand jury proceedings occurring on or after the effective
   3-15  date of this Act.
   3-16        (b)  Grand jury proceedings occurring before the effective
   3-17  date of this Act are covered by the law in effect when the
   3-18  proceedings occurred, and the former law is continued in effect for
   3-19  that purpose.
   3-20        SECTION 4.  This Act takes effect September 1, 1995.
   3-21        SECTION 5.  The importance of this legislation and the
   3-22  crowded condition of the calendars in both houses create an
   3-23  emergency and an imperative public necessity that the
   3-24  constitutional rule requiring bills to be read on three several
   3-25  days in each house be suspended, and this rule is hereby suspended.